State v. Waters
Supreme Court of Missouri
Appeal from New Madrid Circuit Court. — Hon. Henry O. Riley, Judge. This case ought to be reversed because the court failed to instruct the jury, as the evidence warranted, for murder in the second degree, and manslaughter in the several degrees as provided by statute.
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Appeal from New Madrid Circuit Court. — Hon. Henry O. Riley, Judge. This case ought to be reversed because the court failed to instruct the jury, as the evidence warranted, for murder in the second degree, and manslaughter in the several degrees as provided by statute. See. 4208, R. S. 1889; State v. Branstetter, 65 Mo. 149; State v. Swanagan, 109 Mo. 233; State v. Hopper, 71 Mo. 431. (1) At no place do the records show there was an exception taken to the ruling of the court, save to the overruling of the motion for a new trial. This prevents defendant from taking advantage of any error the…
1Opinion of the CourtSheewood, J.
The defendant is a negro. In April, 1899, his wife owned three acres of land in the venue,, and on which he and his wife lived. Frank Holmes of the same race owned an adjoining tract of two acres, on which he and his wife lived.
Sometime previous to the occurrence which forms the subject of the charge contained in the indictment, a disagreement had arisen between Waters and Holmes respecting that fruitful subject of lawsuits and homicides, a division fence. As Holmes desired to withdraw from joining fences with Waters, he decided to erect his own fence and with that end in view, he and his…
2Cases cited1 opinion
- State v. CantlinSupreme Court of Missouri · 1893
3Cited by4 opinions
- State v. ColemanSupreme Court of Missouri · 1905
- State v. FurgersonSupreme Court of Missouri · 1901
- State v. BrownSupreme Court of Missouri · 1902
- State v. NormanSupreme Court of Missouri · 1901